Quashing of summoning order in cheque dishonour complaint refused where prima facie offence and factual disputes were shown.

A complaint under Section 138 of the Negotiable Instruments Act disclosed a prima facie offence because the complaint, oath statement and supporting documents were found sufficient to justify summoning. The challenge under Section 482 CrPC was directed at disputed factual matters, including denial of liability and the alleged reply to notice, which were not suitable for examination at the quashing stage. The power to quash must be used sparingly and only where no offence is disclosed or the complaint is frivolous, vexatious or oppressive. On that basis, quashing of the summoning order was not warranted.

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Issues: Whether the summoning order in a complaint under Section 138 of the Negotiable Instruments Act was liable to be quashed in exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The complaint, statement on oath, and supporting documents disclosed a prima facie case under Section 138 of the Negotiable Instruments Act. The Magistrate had considered the material placed before him and found sufficient ground to summon the applicant. The dispute raised by the applicant concerned factual matters, including the denial of liability and the alleged reply to notice, which were not fit for examination in proceedings under Section 482 of the Code of Criminal Procedure, 1973. The power to quash is to be exercised sparingly and only where the complaint does not disclose any offence or is frivolous, vexatious, or oppressive.

Conclusion: The prayer for quashing the summoning order was not made out and the application was liable to be dismissed.

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